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Travelling outside US while transferring from F-1 to H-1

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  • Travelling outside US while transferring from F-1 to H-1

    I am currently on my F-1 visa (valid till) 2012 and working on my 17 month STEM OPT extension period ( OPT expired 5th July 2011). I have applied for H-1 visa and hope to get the result soon since I opted for premium processing.
    My question is, I need to travel to India for 3-4 days around 15th Sept till 20th Sept.
    Is it safe to travel AFTER H-1 be is approved and return BEFORE 1st October?

  • #2
    You will need to get an H1 Visa when you travel. It is advised to make plans to apply for it at a consulate in India.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      You will need to get an H1 Visa when you travel. It is advised to make plans to apply for it at a consulate in India.
      I have already applied for premium processing for H-1. I plan to travel only after the decision is made though.
      Is it safe to travel and return before 1st Oct one my H-1 is approved?
      I plan to travel on 13th Sept and back by 17th Sept. H-1 will come into effect on 1st Oct right?
      I appreciate the reply sir.

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      • #4
        Your change of status from F1 to H1 was applied for using your previous I-94 number. When the USCIS person checks that number and finds that you are outside the US, they may reject the change of stataus part and approve the petition as consular processing. This will mean you will have to get H1 visa.

        If petition is approved before you leave the US, and you enter in F1 status with a new I-94 you will have two I-94's (one with H1 petition and one from entry). Which one remains valid? It is a matter of confusion. I have heard equally authentic views on both sides. To avoid this confusion make plans to not leave the US before Oct 1 and if you do leave, (before or after) get an H1 visa and enter in H1 status. So that even if you have two I-94, both are of the same duration and status.
        This is my opinion and not legal advice.

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